But a notice of appeal filed Sept. 3 means Foerster is trying to fight the verdict. Crown lawyer Iain Currie, who prosecuted Foerster in a two-week murder trial in Kelowna Supreme Court, says the appeal is still in the early stages and couldn’t comment any further. The next step will be for Foerster to order transcripts of the entire trial.

Crown spokesperson Gordon Comer says lawyer Roger Thirkell of Abbotsford has taken on Foerster's defence. The notice states the judge erred in his instructions to the jury on intent, intoxication, and the offense of attempted sexual assault as an element of first degree murder. Comer says the admissibility of certain evidence has also been called into question.

Just because he filed the appeal does not necessarily mean it will be heard. A hearing will determine if the case will be granted leave to appeal.

The jury of seven men and five women concluded Foerster went to Armstrong looking for sex, that he waited in a dark pathway, and chose Van Diest as his victim. When she screamed and fought back, he killed her.

OPINION At least part of me wasn’t sure I should write this, given what happened last time. It was August 15, 2003 and like many Thursdays before it, I was scratching around for a column idea. The summer newsroom